Two Winnipeg sisters have the right to try out for the boys' hockey team at their high school, the Manitoba Human Rights Commission ruled Friday.

Twins Amy and Jesse Pasternak, 17, filed a complaint against the Manitoba High Schools Athletic Association after it denied them the right to try out for the senior boys' team at West Kildonan Collegiate in the fall of 2004.

Jesse (left) and Amy Pasternak respond Friday to a human-rights ruling that allows them to try out for a boys' hockey team.
(CBC)

The MHSAA has a policy requiring female athletes to play only on teams of girls — and boys only on teams of boys — if teams for both genders exist at a school.

The Pasternak sisters, who have played hockey since childhood and have been on boys' junior hockey teams outside school, had described the high school girls' team as "a joke."

In her decision, independent adjudicator Lynne Harrison ruled the girls had suffered sex discrimination because of the MHSAA's policy. Harrison added "the MHSAA has not satisfied the onus of establishing that … its refusal to allow the Pasternak girls to try out for, and if successful, play for the WKCI men's hockey team, is justified," she wrote.

Girls to get coaching, $3,500 damages

Amy and Jesse Pasternak said Friday their human-rights battle is worth it, even if they end up not making the boys' team this fall.

"Yes! It's definitely worth it," Amy said. "It's worth it for the young girls that we've coached in the past. It's worth it for the girls coming up in the hockey program who want to pursue the same path that we have."

As part of her ruling, Harrison ordered the MHSAA to remove the policy in question, at least with respect to hockey.

"I decline to make a similar order with respect to the other sports administered by the MHSAA, as there is no evidentiary base for any such order," Harrison wrote in her decision.

The MHSAA must also compensate Amy and Jesse $3,500 each in damages for "injury to their dignity, feelings and self-respect."

As well, the association must provide the girls with one-on-one coaching sessions and one session of hockey camp, to "compensate the twins for the loss of skills they have suffered."

Association fears 'negative effects' on girls in sports

MHSAA executive director Morris Glimcher said Friday he was "very disappointed" with the commission's decision. He said the association may consider an appeal, but no decision has been made yet.

"We feel that certainly with public opinion, with what high school sport is all about, with the proactive policies of our association, that we look at providing opportunities for both men and women," Glimcher said.

"This decision could have negative effects on girls' participation [in sport]."

The association had argued during the hearing that a decision in the girls' favour could turn high school sports into a "totally merit-driven system" as opposed to one that promotes participation among all people.

But Sandra Kirby, a sports sociologist at the University of Winnipeg and a former Olympic athlete, said she was excited by the Pasternak decision.

"They have the right to try, they have the right to play at their ability level," Kirby said. "And you know, if they don't make the cut, they'll try again, they'll play other sports. They've made their point, which is they can't be discriminated against because they are girls."